Provides for the reimbursement of the cost of certain preemployment examinations, testing, or background checks (EG SEE FISC NOTE SG RV See Note)
Impact
The bill's enactment would affect statutes governing employment practices in Louisiana, particularly those that delineate the responsibilities of employers and rights of employees regarding preemployment requirements. By introducing terms under which employers can recover costs associated with criminal background checks, the bill intends to create a legal framework that encourages due diligence in preemployment screening while protecting employers from financial losses when a hired employee does not fulfill their obligations. This change could lead to more stringent hiring practices, as employers might be more cautious in their onboarding processes.
Summary
House Bill 402 aims to amend existing labor laws by providing for the reimbursement of costs associated with certain preemployment examinations and background checks under specific conditions. Currently, Louisiana law prohibits employers from requiring employees to pay for several employment-related costs, such as fingerprinting and medical examinations. HB402 seeks to add the reimbursement of costs for criminal background checks to this list, allowing employers to retain these costs from employees' wages if certain criteria are met. This includes circumstances where the employee terminates their employment within a specified time frame and earns above the federal minimum wage.
Sentiment
The sentiment surrounding HB402 appears mixed among stakeholders. Supporters argue that it helps employers reduce unnecessary expenses when a new hire does not work out, thereby creating a fairer hiring process. However, critics express concerns over potential exploitation, arguing that requiring reimbursement might deter candidates from applying for jobs due to the financial burden it places on them. This reflects a broader debate about balancing employer interests with the rights of job seekers, especially those from vulnerable backgrounds.
Contention
A major point of contention related to HB402 revolves around employee protections versus employer rights. Some legislators and advocacy groups fear that this bill could lead to increased financial risk for employees, particularly those in lower-wage positions who might be more affected by the cost of background checks. Critics emphasize that the conditions under which reimbursement is enforced could lead to unjust scenarios where employees are penalized for circumstances beyond their control. The discussions around this bill underline the ongoing tensions in labor law reform, focusing on how best to support both business interests and workers' rights.
Allows employers to receive reimbursement for the costs of employee criminal background checks when certain employees terminate employment in less than ninety days. (8/1/18)
Provides for the portability of criminal background checks in certain cases involving positions with supervisory or disciplinary authority over children (EN INCREASE SG EX See Note)